In the Matter of Albany County et v Hudson River-black River Regulating District et



In the Matter of Albany County et v Hudson River-black River Regulating District et
Motion No: #512751
Slip Opinion No: 2011 NY Slip Op 82116(U)
Decided on August 25, 2011
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: August 25, 2011

Case #512751


In the Matter of ALBANY COUNTY et al.,

Appellants,

v


HUDSON RIVER-BLACK RIVER REGULATING DISTRICT et al.,

Respondents.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve the record on appeal and brief on or before October 24, 2011, in which event the motion to dismiss is denied.
MERCURE, J.P., SPAIN, LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court